Vol. 145, No. 21 — October 12, 2011

P.C. 2011-950 September 22, 2011

His Excellency the Governor General in Council, on the recommendation of the Minister of Fisheries and Oceans, pursuant to section 43 (see footnote a) of the Fisheries Act (see footnote b), hereby makes the annexed Regulations Amending Certain Regulations Made Under the Fisheries Act (Miscellaneous Program).

1. The portion of items 1 to 23 under the heading “REGION I — MACKENZIE DELTA” of Schedule V to the
Northwest Territories Fishery Regulations (see footnote 1) in column IV is replaced by the following:

Column I
Waters

Column IV
Closed Seasons

REGION I — MACKENZIE DELTA

1.

August 15 to October 15

2.

September 1 to October 31

3.

September 1 to October 31

4.

September 1 to October 31

5.

August 15 to October 15

6.

September 1 to October 31

June 1 to June 30

September 1 to October 31

7.

August 15 to October 15

8.

September 1 to October 31

September 1 to October 31

September 1 to October 31

September 1 to October 31

9.

August 15 to October 15

10.

August 15 to October 15

11.

June 1 to June 30

September 1 to October 31

September 1 to October 31

12.

May 15 to June 15

August 7 to September 15

May 15 to June 15

May 15 to June 15

May 15 to June 15

13.

May 15 to June 15

May 15 to June 15

May 15 to June 15

May 15 to June 15

14.

May 15 to June 15

May 15 to June 15

May 15 to June 15

15.

May 15 to June 15

May 15 to June 15

May 15 to June 15

May 15 to June 15

16.

May 15 to June 15

May 15 to June 15

May 15 to June 15

17.

August 15 to October 15

18.

August 15 to October 15

19.

September 1 to October 31

20.

September 1 to October 31

21.

May 15 to June 15

22.

September 1 to October 31

23.

August 15 to October 15

2. Item 24 under the heading “REGION I — MACKENZIE DELTA” of Schedule V to the Regulations is repealed.

3. The portion of items 25 to 34 under the heading “REGION I — MACKENZIE DELTA” of Schedule V to the Regulations in column IV is replaced by the following:

Column I
Waters

Column IV
Closed Seasons

REGION I — MACKENZIE DELTA

25.

May 15 to June 15

26.

August 15 to October 15

27.

September 1 to October 31

28.

September 1 to October 31

29.

August 15 to October 15

30.

September 1 to October 31

31.

September 1 to October 31

32.

September 1 to October 31

33.

September 1 to October 31

34.

September 1 to October 31

4. The portion of items 1 to 27 under the heading “REGION II — SLAVE MACKENZIE” of Schedule V to the Regulations in column IV is replaced by the following:

Column I
Waters

Column IV
Closed Seasons

REGION II — SLAVE MACKENZIE

1.

August 15 to October 15

2.

September 1 to October 31

3.

September 1 to October 31

4.

September 1 to October 31

5.

August 15 to October 15

6.

August 15 to October 15

7.

August 15 to October 15

8.

April 15 to June 15

9.

August 15 to October 15

10.

August 15 to October 15

11.

August 15 to October 15

11.1

August 15 to October 15

12.

May 15 to May 30

13.

May 15 to May 30

14.

May 15 to May 30

15.

May 15 to May 30

16.

May 15 to May 30

17.

May 15 to May 30

18.

August 15 to October 15

19.

August 15 to October 15

20.

August 15 to October 15

21.

August 15 to October 15

22.

August 15 to October 15

23.

August 15 to October 15

24.

May 15 to May 30

25.

August 15 to October 15

26.

August 15 to October 15

27.

August 15 to October 15

5. Item 28 under the heading “REGION II — SLAVE MACKENZIE” of Schedule V to the Regulations is repealed.

6. The portion of items 29 to 75 under the heading “REGION II — SLAVE MACKENZIE” of Schedule V to the Regulations in column IV is replaced by the following:

Column I
Waters

Column IV
Closed Seasons

REGION II — SLAVE MACKENZIE

29.

August 15 to October 15

30.

August 15 to October 15

31.

August 15 to October 15

32.

August 15 to October 15

33.

August 15 to October 15

34.

August 15 to October 15

35.

August 15 to October 15

36.

August 15 to October 15

37.

August 15 to October 15

38.

August 15 to October 15

39.

August 15 to October 15

40.

August 15 to October 15

41.

August 15 to October 15

42.

August 15 to October 15

43.

August 15 to October 15

44.

August 15 to October 15

45.

August 15 to October 15

46.

August 15 to October 15

46.1

August 15 to October 15

47.

August 15 to October 15

48.

August 15 to October 15

49.

August 15 to October 15

50.

August 15 to October 15

51.

August 15 to October 15

52.

April 15 to June 15

53.

May 15 to May 30

54.

August 15 to October 15

55.

August 15 to October 15

56.

August 15 to October 15

57.

August 15 to October 15

58.

August 15 to October 15

59.

August 15 to October 15

60.

August 15 to October 15

61.

August 15 to October 15

62.

April 15 to June 15

63.

August 15 to October 15

64.

August 15 to October 15

65.

August 15 to October 15

66.

August 15 to October 15

67.

August 15 to October 15

68.

August 15 to October 15

69.

August 15 to October 15

70.

August 15 to October 15

71.

August 15 to October 15

72.

August 15 to October 15

73.

August 15 to October 15

74.

August 15 to October 15

75.

August 15 to October 15

7. The portion of items 1 to 14 under the heading “REGION III — CENTRAL INLAND” of Schedule V to the Regulations in column IV is replaced by the following:

Column I
Waters

Column IV
Closed Seasons

REGION III — CENTRAL INLAND

1.

August 15 to October 15

2.

August 15 to October 15

3.

August 15 to October 15

4.

August 15 to October 15

5.

August 15 to October 15

6.

August 15 to October 15

7.

August 15 to October 15

8.

August 15 to October 15

9.

August 15 to October 15

10.

August 15 to October 15

11.

August 15 to October 15

12.

August 15 to October 15

13.

August 15 to October 15

14.

August 15 to October 15

8. The portion of items 16 to 20 under the heading “REGION III — CENTRAL INLAND” of Schedule V to the Regulations in column IV is replaced by the following:

Column I
Waters

Column IV
Closed Seasons

REGION III — CENTRAL INLAND

16.

August 15 to October 15

17.

August 15 to October 15

18.

August 15 to October 15

19.

August 15 to October 15

20.

August 15 to October 15

9. The portion of items 22 and 23 under the heading “REGION III — CENTRAL INLAND” of Schedule V to the Regulations in column IV is replaced by the following:

Column I
Waters

Column IV
Closed Seasons

REGION III — CENTRAL INLAND

22.

August 15 to October 15

23.

August 15 to October 15

10. The portion of items 25 to 48 under the heading “REGION III — CENTRAL INLAND” of Schedule V to the Regulations in column IV is replaced by the following:

Column I
Waters

Column IV
Closed Seasons

REGION III — CENTRAL INLAND

25.

August 15 to October 15

26.

August 15 to October 15

27.

August 15 to October 15

28.

August 15 to October 15

29.

August 15 to October 15

30.

August 15 to October 15

31.

August 15 to October 15

32.

August 15 to October 15

33.

August 15 to October 15

34.

August 15 to October 15

35.

August 15 to October 15

36.

August 15 to October 15

37.

August 15 to October 15

38.

August 15 to October 15

39.

August 15 to October 15

40.

August 15 to October 15

41.

August 15 to October 15

42.

August 15 to October 15

43.

August 15 to October 15

44.

August 15 to October 15

45.

August 15 to October 15

46.

August 15 to October 15

47.

August 15 to October 15

48.

August 15 to October 15

11. The portion of items 50 to 62 under the heading “REGION III — CENTRAL INLAND” of Schedule V to the Regulations in column IV is replaced by the following:

Column I
Waters

Column IV
Closed Seasons

REGION III — CENTRAL INLAND

50.

August 15 to October 15

51.

August 15 to October 15

52.

August 15 to October 15

53.

August 15 to October 15

54.

August 15 to October 15

55.

August 15 to October 15

56.

August 15 to October 15

57.

August 15 to October 15

58.

August 15 to October 15

59.

August 15 to October 15

60.

August 15 to October 15

61.

August 15 to October 15

62.

August 15 to October 15

12. The portion of item 16 under the heading “REGION IV — CENTRAL ARCTIC” of Schedule V to the Regulations in column IV is replaced by the following:

Column I
Waters

Column IV
Closed Seasons

REGION IV — CENTRAL ARCTIC

16.

September 1 to October 31

13. The portion of item 21 under the heading “REGION IV — CENTRAL ARCTIC” of Schedule V to the Regulations in column IV is replaced by the following:

Column I
Waters

Column IV
Closed Seasons

REGION IV — CENTRAL ARCTIC

21.

September 1 to October 31

14. Item 36 under the heading “REGION IV — CENTRAL ARCTIC” of Schedule V to the Regulations is repealed.

15. The portion of item 14.1 under the heading “REGION V — KEEWATIN” of Schedule V to the Regulations in column IV is replaced by the following:

Column I
Waters

Column IV
Closed Seasons

REGION V — KEEWATIN

14.1

August 15 to October 15

16. The portion of item 26.1 under the heading “REGION V — KEEWATIN” of Schedule V to the Regulations in column IV is replaced by the following:

Column I
Waters

Column IV
Closed Seasons

REGION V — KEEWATIN

26.1

August 15 to October 15

17. The portion of item 30 under the heading “REGION V — KEEWATIN” of Schedule V to the Regulations in column IV is replaced by the following:

Column I
Waters

Column IV
Closed Seasons

REGION V — KEEWATIN

30.

August 15 to October 15

18. The portion of item 38 under the heading “REGION V — KEEWATIN” of Schedule V to the Regulations in column IV is replaced by the following:

Column I
Waters

Column IV
Closed Seasons

REGION V — KEEWATIN

38.

August 15 to October 15

YUKON TERRITORY FISHERY REGULATIONS

19. Schedule V to the
Yukon Territory Fishery Regulations (see footnote 2) is replaced by Schedule V set out in Schedule 1 to these Regulations.

MANITOBA FISHERY REGULATIONS, 1987

20. The portion of item 4 of Schedule X to the
Manitoba Fishery Regulations, 1987 (see footnote 3) in column IV is replaced by the following:

Item

Column IV
Close Time

4.

May 1 to the third Friday in May

21. The portion of items 1 to 5 of Schedule XV to the Regulations in column IV is replaced by the following:

7. (1) No person shall fish for or catch and retain any species of fish in the waters set out in column 1 of the schedule during a close time set out in column 2.

(2) No person shall fish for or catch and retain any species of fish in all waters of

(a) Chopper Lake at approximately 54°13′ N 104°42′ W;

(b) Jans Bay at approximately 55°10′ N 108°08′ W, Wepooskow Bay at approximately 55°12′ N 108°07′ W, and Wepooskow Narrows of Canoe Lake at approximately 55°10′ N 108°09′ W, all lying within Townships 71 and 72, Range 14, all west of the Third Meridian, and including all waters of Canoe Lake lying within a radius of 2.4 km from the intersection of the centre-line of Wepooskow Narrows with the easterly bank of Canoe Lake at approximately 55°10′30′′ N 108°08′50′′ W;

(c) Keeley River lying between its intersections with 55°00′ N and with Jans Bay of Canoe Lake at approximately 55°10′ N 108°08′ W;

(d) Indian Bay of Chitek Lake, lying east of a straight line drawn from a point of land at approximately 53°43′02′′ N 107°46′26′′ W, and extending to approximately 53°43′09′′ N 107°46′26′′ W; and

(e) Parkbeg Reservoir at approximately 50°27′ N 106°16′ W.

23. The Regulations are amended by adding, after section 9, the schedule set out in Schedule 2 to these Regulations.

ALBERTA FISHERY REGULATIONS, 1998

24. Schedules 3 and 4 to the
Alberta Fishery Regulations, 1985 (see footnote 5) are replaced by Schedules 3 and 4 set out in Schedule 3 to these Regulations.

25. Schedule 7 to the Regulations is replaced by Schedule 7 set out in Schedule 4 to these Regulations.

26. The portion of items 1 to 3 of Part 1 of Schedule 8 to the Regulations in column 3 is replaced by the following:

Item

Column 3
Close Time

1.

August 1 to August 15

2.

Apr. 1 to Dec. 31

3.

Nov. 30 to August 15

27. The portion of items 1 to 3 of Part 2 of Schedule 8 of the Regulations in column 3 is replaced by the following:

Item

Column 3
Close Time

1.

August 1 to August 15

2.

Apr. 1 to Dec. 31

3.

Nov. 30 to August 15

COMING INTO FORCE

28. These Regulations come into force on the day on which they are registered.

SCHEDULE 1
(Section 19)

SCHEDULE V
(Subsection 8(4))

PART I — LAKES

Item

Column I
Waters

Column II
Closed Times

1.

Any lake

November 1 to November 30

PART II — RIVERS

Item

Column I
Waters

Column II
Closed Times

1.

Yukon River

(a) upstream from Whitehorse Dam

December 1 to December 31

(b) from Whitehorse Dam downstream to Robert Campbell Bridge

December 1 to December 31

(c) from Robert Campbell Bridge downstream to Canada/USA boundary

December 1 to December 31

2.

Tatchun Creek and the waters of the Yukon River between fishing boundary signs located on the Yukon River 30 m upstream from the confluence of the Yukon River and Tatchun Creek and 30 m downstream from that confluence

August 1 to September 30

3.

Klukshu River

(a) from Klukshu Lake downstream to a fishing boundary sign located approximately 1 km downstream from Haines Road culvert

June 1 to December 1

(b) from a fishing boundary sign located approximately 1 km downstream from Haines Road culvert to a fishing boundary sign located approximately 30 m upstream from the confluence of the Klukshu River with the Tatshenshini River

(i) 12:00 hours Tuesday to 06:00 hours on Saturday of each week from June 1 to July 7
(ii) July 8 to October 1

(c) from a fishing boundary sign located approximately 30 m upstream from the confluence of Klukshu River with the Tatshenshini River downstream to that confluence

12:00 Tuesday to 06:00 Saturday of each week from June 1 to October 1

4.

Village Creek

July 1 to October 15

5.

Blanchard River

July 24 to August 31

6.

Tatshenshini River

(a) downstream from a fishing boundary sign located approximately 30 m downstream from the confluence of Village Creek with the Tatshenshini River

December 1 to December 31

(b) from a fishing boundary sign located approximately 100 m upstream from the confluence of Klukshu River with the Tatshenshini River and downstream to a fishing boundary sign located approximately 30 m downstream from the confluence of Village Creek with the Tatshenshini River

12:00 Tuesday to 06:00 Saturday of each week from June 1 to October 1

(c) upstream from a fishing boundary sign located approximately 100 m upstream from the confluence of Klukshu River with the Tatshenshini River

December 1 to December 31

7.

Any other river, creek or stream not specified in this Part

December 1 to December 31

SCHEDULE 2
(Section 23)

SCHEDULE
(Section 7)

CLOSE TIMES

Item

Column 1
Waters

Column 2
Close Times

1.

All waters of the Ballantyne River and all waters of Ballantyne Bay of Deschambault Lake, at approximately 54°40′ N 103°33′ W, lying south of 54°37′30″ N and west of 103°40′ W.

All portions of Corneille Lake, including Carter Bay, lying west of UTM Z13 648000 at approximately 54°56′45″ N 102°42′37″ W.

March 1 to May 31

4.

All waters of the Fisher Creek, at approximately 54°44′ N 103°26′ W, and all waters of Fisher Bay of Deschambault Lake lying east of a line drawn south from a point of land on the north shore of the bay at approximately 54°45′ N 103°29′ W, to a point of land on the south shore of the bay, at approximately 54°44′ N 103°29′ W.

March 1 to June 15

5.

The portion of Iskwatam Lake, at approximately 55°34′ N 103°04′ W, lying south and east of a straight line extending from a point of land at approximately 55°33′45″ N 103°08′48″ W to a point of land at approximately 55°33′24″ N 103°08′00″ W, up to and including its juncture with Pow Lake.

March 1 to May 31

6.

The portion of Jan Lake, at approximately 54°56′ N 102°55′ W, lying north of a straight line connecting a point of land at approximately 54°58′03″ N 102°52′54″ W with a point of land at approximately 54°57′48″ N 102°52′39″ W.

March 1 to May 31

7.

All waters of Kisis Channel at approximately 55°51′ N 108°28′ W.

March 1 to June 30

8.

All waters of the McCusker River at approximately 55°32′ N 108°39′ W, of Niska Lake at approximately 55°35′ N 108°38′ W or Niska Channel at approximately 55°40′ N 108°39′ W, and Peter Pond Lake lying north of the north boundary of Township 74, in Range 18, west of the Third Meridian and south of a straight line joining the western extremity of a jut of land on the eastern bank of Niska Channel, at approximately 55°42′33″ N and 108°37′35″ W, with the eastern extremity of a jut of land on the western bank of Niska Channel, at approximately 55°43′04″ N 108°38′14″ W.

March 1 to June 30

9.

All waters of Muskike Lake at approximately 55°14′ N 103°04′ W.

March 1 to May 31

10.

All waters of the Oskikebuk River south of approximately 54°50′39″ N 103°51′30″ W, extending to and including waters west of approximately 103°44′29″ W on the West Arm.

March 1 to June 15

11.

All waters of Palf Creek, at approximately 55°01′ N 103°26′ W, and all waters of Hidden Bay lying north of the narrows of the bay at approximately 54°56′ N 103°24′ W.

March 1 to June 15

12.

All portions of Peter Pond Lake, including Vee Bay, lying between a straight line extending from the southernmost point of Fleury Point, at approximately 55°49′42″ N 108°37′45″ W, and extending westerly to the point of land at approximately 55°49′27″ N 108°40′12″ W, and a line extending from the point of land on Sandy Point at approximately 55°51′15″ N 108°40′54″ W, and extending westerly to a point of land at approximately 55°51′18″ N 108°43′00″ W.

March 1 to June 30

13.

All waters of Pow Lake at approximately 55°33′ N 103°10′ W, including the segment of unnamed river lying between Pow Lake and Iskwatam Lake.

March 1 to May 31

14.

All waters of the Puskwakau River at approximately 54°33′ N 103°34′ W, and all waters of Ballantyne Bay of Deschambault Lake lying south of a straight line drawn westerly from a jut of land on the eastern shore of the bay, at approximately 54°34′ N 103°31′ W, to the southern extremity of Williams Island, at approximately 54°34′ N 103°33′ W, to the eastern extremity of a point of land on the western shore of the bay at approximately 54°34′ N 103°37′ W.

March 1 to June 15

15.

All portions of Wood Lake, including Grassy Narrows, lying east of UTM Z13 612500 at approximately 55°17′ N 103°17′ W.

March 1 to May 31

16.

All waters of Van Pattens Creek and its tributaries lying within Township 33, Range 12; Township 34, Range 11; and Township 34, Range 12, all west of the Second Meridian, including all waters of Fishing Lake, at approximately 51°51′50″ N 103°35′08″ W, within a radius of 100 m from the intersection of the centreline of Van Pattens Creek and the northerly bank of Fishing Lake.

April 1 to the Friday immediately preceding Victoria Day

17.

All waters of Konuto Lake at approximately 54º38′N 102º03′ W.

April 1 to June 30

SCHEDULE 3
(Section 24)

SCHEDULE 3
(Section 4)

WATERS CLOSED TO ALL FISHING

Item

Column 1
Waters

Column 2
Close Times

1.

Fish Management Zone 1 — Eastern Slopes

(a) lakes

(a) Apr. 1 to May 31

(b) flowing waters

(b) Nov. 1 to May 31

2.

Fish Management Zone 2 — Parkland-Prairie

(a) lakes

(a) Mar. 16 to May 8

(b) flowing waters

(b) Nov. 1 to May 31

3.

Fish Management Zone 3 — Northern Boreal

(a) lakes

(a) Apr. 1 to May 31

(b) flowing waters

(b) Nov. 1 to May 31

SCHEDULE 4 (Section 15)

WATERS CLOSED TO SPORTFISHING

Item

Column 1
Waters

Column 2
Close Time

1.

Fish Management Zone 1 — Eastern Slopes

(a) lakes

(a) Apr. 1 to May 31

(b) flowing waters

(b) Nov. 1 to May 31

2.

Fish Management Zone 2 — Parkland-Prairie

(a) lakes

(a) Mar. 16 to May 8

(b) flowing waters

(b) Nov. 1 to May 31

3.

Fish Management Zone 3 — Northern Boreal

(a) lakes

(a) Apr. 1 to May 31

(b) flowing waters

(b) Nov. 1 to May 31

SCHEDULE 4
(Section 25)

SCHEDULE 7 (Sections 23 and 24)

Item

Column 1
Prohibited Gear or Bait

Column 2
Waters

Column 3
Close Times

1.

Bait

All water bodies

Nov. 1 to Aug. 15

2.

Bait fish

All water bodies

Nov. 1 to May 31

3.

Fish as bait

All water bodies

Nov. 1 to May 31

4.

Bait except maggots

All water bodies

Aug. 16 to Oct. 31

5.

Hook size more than 10 mm

All water bodies

Oct. 1 to Jan. 15

6.

Bait except maggots and meal worms

All water bodies

Apr. 1 to May 15

REGULATORY IMPACT
ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Issue and objectives

Current fishery regulations made under the Fisheries Act set close times that specify when fishing seasons are closed for specific species of fish and/or specific bodies of water. In some cases, close times are year round or for a single day and can be modified through a regulatory tool called a variation order. These close times are modified annually to allow fishing during similar periods each year. The authority to vary close times by order is described in the Fishery (General) Regulations, which delegate the authority to Fisheries and Oceans Canada regional director generals or their provincial counterparts.

The Standing Joint Committee for the Scrutiny of Regulations (Committee) has expressed concern over how close times are set out in various regulations and the manner in which they are varied. The Committee contends that the manner in which such close times are used amounts to an improper sub-delegation of authority that is not supported by the Fisheries Act. The Department is taking the necessary steps to correct the aforementioned issues, and is seeking to amend close times, as appropriate, so that they more closely reflect when fishing should not occur for conservation, biological or management reasons.

These amendments will amend token (i.e. one day) and year-long related close times to more accurately reflect when fishing does not occur. These amendments are being made in a manner that will ensure maintenance of an orderly fishery, and preserve the Department’s ability to address conservation concerns.

The objective of the amendments is to ensure that the respective regulations operate as intended; specifically, that a close time is properly established by the Governor in Council, for a specified period of time. Furthermore, discontinued use of token and year-long close times will ensure that Governor in Council authority is not improperly sub-delegated in the process of varying close times.

Description and rationale

The amendments will amend token and year-long close times in a number of regulations made pursuant to the Fisheries Act. The Fisheries Act defines a close time as a “specified period during which fish to which it applies may not be fished, and ‘closed time’ or ‘closed season’ has a similar meaning.” The regulations being amended in this round of amendments are the Manitoba Fishery Regulations, 1987; the Northwest Territories Fishery Regulations; the Saskatchewan Fishery Regulations; the Yukon Territory Fishery Regulations; and the Alberta Fishery Regulations, 1998.

There are two particular types of close times that the Committee cites as a concern:

(a) Year-round close times, e.g. January 1–December 31
When a close time is set in regulation for an entire calendar year it is considered by the Committee to be a permanent prohibition against fishing put in place by the Governor in Council. Use of a variation order to change such a close time is interpreted by the Committee as unauthorized officials rescinding a prohibition, rather than the Governor in Council, which is the body authorized to amend the regulations.

(b) Token close times, e.g. one day
When a very short close time is set in regulation, it is generally put in place to permit departmental officials to subsequently establish another close time by variation order if necessary. The Committee contends that this practice circumvents the sole authority of Governor in Council to set close times by sub-delegating the effective close time decision to regional director generals.

The amendments being made to the regulations are as follows:

Manitoba Fishery Regulations, 1987: Amendments being made to these Regulations address the year-long close times listed in Schedule 10 (item 4), and column 4 of Schedule 15 to reflect current fishery management practices.

Northwest Territories Fishery Regulations: Amendments being made to these Regulations include a repeal of items 24 (Region I — Mackenzie Delta), 28 (Region II — Slave Mackenzie) and 36 (Region IV — Central Arctic) of Schedule 5. These repeals are administrative in nature, as the recreational use of these waters (boating, fishing, etc.) has been prohibited; either the water body has been reclassified as contaminated, or the water body has been reclassified as a part of a national park. Therefore, the use of close times in this case would not be needed. As well, amendments are being made to the full list of close times in Schedule 5 to reflect current fishery management practices as well as spawning requirements.

Saskatchewan Fishery Regulations: Amendments being made to the Regulations address section 7 (Close Times). Currently, this section is limited by the listing of one close time. Amendments being made to this section will introduce the use of a new schedule, which will list all the current close times for specific bodies of water located in the province. As well, subparagraph 7(2) will be repealed and replaced by a new subparagraph 2 that will describe a prohibition where no person shall fish, or catch and retain species of fish into the listed bodies of water.

Yukon Territory Fishery Regulations: Amendments being made to the Regulations include a repeal of Part Ⅰ of Schedule 5, which currently lists token close times for specific lakes. Part Ⅰ will be replaced by a new table, which indicates the use of one close time for any lake in the region. Part Ⅱ of the schedule will repeal items 1–29, as a duplicative provision exists indicating one close time for any river in the region. The remaining items in Part Ⅱ will not be repealed as they reflect specific salmon migration patterns but will be renumbered.

Alberta Fishery Regulations, 1998: Amendments being made to these Regulations include replacing schedules 3, 4, 7 and 8 to reflect current fishery management practices and actual closures for this fishery.

Rationale

The broad regulation-making power in section 43 of the Fisheries Act authorizes the Governor in Council to fix, in regulations, the close times, prohibitions, and gear restrictions, as well as to identify who can vary them. Currently, under the Fisheries Act, fishing seasons are managed by making close times in regulation, and then having fisheries officials vary the close times to properly reflect the fishing season. This allows officials to respond quickly to changing circumstances by varying close times, fishing quotas, and limits on the size and weight of fish.

The amendments will address the Committee’s concerns and set the close time to represent current fishery management practices. The ability to vary close times is a valuable instrument that can be implemented and adjusted quickly to ensure the proper management and control of marine and freshwater fisheries, and variation orders will continue to be used as needed to ensure conservation and protection of fish. This authority is described in section 6 of the Fishery (General) Regulations.

Variation Orders are used to close an area to fishing due to conservation concerns, such as when the quota is reached, when fish are spawning and congregated or when the water levels are low in rivers, making certain species of fish vulnerable.

Consultation

As the amendments to the regulations are minor and administrative in nature, it was determined that consultation was not necessary.

The amendments that will be made are in response to technical concerns from the Committee, and were prepared by the Department in collaboration with the provinces and territories.

As these amendments are strictly administrative in nature, the impact on the public and/or stakeholders is minimal. The Department is not changing any of the actual restrictions in a way that would impact fishing under this regulation. The changes adjust the content of schedules and address the use of a few items that address fishing equipment, moving some from a schedule into the text of the regulation. The amendments clarify and describe when fishing does not occur in each of the aforementioned regulations.

A second phase of close time amendments is currently underway, with major reviews of policy and scope to the following Regulations: the Aboriginal Communal Fishing Licenses Regulations; the Atlantic Fishing Regulations; the British Columbia Sport Fishing Regulations; the Foreign Vessel Fishing Regulations; the Maritime Provinces Fishery Regulations; the Alberta Fishery Regulations, 1998 and the Pacific Fishery Regulations. Therefore, consultation with various stakeholders will be taking place to ensure that the amendments to the close times reflect the management practices of the fishery and will minimize the adverse impacts, if any, on the livelihood of fishers.

Implementation, enforcement and service standards

The amendments will not generate any new costs in terms of enforcement, as no additional enforcement resources will be required to implement the amendments.

Commercial harvesters and recreational anglers will be informed of the amendments through the newspaper and radio media, and through Fishery Notices posted on the Department’s Web site. The media notices will also inform all sectors that continued compliance with all regulations is required. Meetings will be arranged to advise provincial and Aboriginal enforcement authorities of the amendments so that consistent messaging is relayed to the public.